22 Wednesday Feb 2017
On appeal from  EWCA Civ 540.
The appeal considered whether, in disregarding the increase or diminution in value of a site acquired compulsorily that was attributable to other land subject to the same compulsory purchase order, it was permissible to modify the planning status of the site in question. The Supreme Court unanimously allowed the appeal. The Court considered that underlying policies were potentially relevant to the prospect of development of the land. The Court of Appeal was right to have rejected the submission that the planning status of the land was conclusively fixed under the Land Compensation Act 1961, ss 14-16, and the claimant has the right to argue for prospective value under other provisions of the general law. In line with the Pointe-Gourde rule, there may be changes to the assumed planning status of the subject land, and it has long been accepted that application of the general law may produce a result which is more favourable to the Claimant than the statutory assumptions. Thus the Supreme Court held that the original award of the tribunal should be restored.
To watch the hearing, please visit: Supreme Court Website.